S.J. man blames job denial on past illegal status, sues

Tuesday

Dec 10, 2013 at 12:01 AM

STOCKTON - A Stockton man is suing the California Department of Corrections and Rehabilitation in federal court alleging he was discriminated against because of his past status as an undocumented immigrant.

Jennie Rodriguez-Moore

STOCKTON - A Stockton man is suing the California Department of Corrections and Rehabilitation in federal court alleging he was discriminated against because of his past status as an undocumented immigrant.

Advocates say the case could have a broad impact on an entire segment of immigrants who were brought to the United States illegally as children and since have obtained work authorization.

Victor Guerrero, who became a U.S. citizen in 2010, filed the complaint Monday in U.S. District Court in San Francisco, saying he has passed the department's written and physical examinations to become a correctional officer but was turned down twice for having worked under a false Social Security number as a teenager.

Jeffrey Callison, press secretary for the Corrections Department, said he could not comment on the pending litigation.

The 34-year-old Guerrero said becoming a correctional officer was his childhood dream and he has been working toward reaching that goal for several years.

He achieved legal residency in 2007, took English-language classes and obtained an associate's degree while maintaining a grade-point average of 4.0.

"I began this trajectory, let's say, formally since 2009," said Guerrero, who is the father of three children born in the United States. His wife also is a U.S. citizen.

But the Corrections Department stated that because he used false identification, Guerrero lacked honesty, integrity and good judgment, according to the Legal Aid Society-Employment Law Center, the San Francisco-based advocacy group assisting Guerrero with his complaint.

Guerrero was 11 when his family emigrated from Mexico to Stockton in search of employment. At 15, Guerrero got a job to help his struggling parents by using a Social Security number that was given to him, he said. He added that he was unaware of his residency status and that the number was invalid until he was 17.

He continued using the number to work but immediately obtained an individual tax identification number from the Internal Revenue Service to properly pay and report taxes on his wages, the group said.

"Likewise, as soon as he received his own SSN, he never again used the false SSN," the legal group said in a statement.

Guerrero became the first in his family to graduate college, paying his own way.

Currently a county solid-waste and recovery worker, Guerrero said he has done everything "to rise above barriers."

"It's been very difficult for me and my family," he said.

Guerrero first applied for a correctional officer job with the state in August 2011, according to his lawsuit. He passed a written examination and a physical agility test but hit a roadblock in the background check.

In a questionnaire, Guerrero specifically was asked whether he had used a Social Security number other than the one he used in the application, to which he answered "yes," court papers say. He submitted an addendum explaining his childhood circumstances.

The state responded with a letter in January 2012 informing him he was removed from eligibility.

The letter, court papers say, stated he did not satisfy the state's requirement that "candidates shall possess the general qualifications of integrity, honesty, (and) good judgment."

It further stated, court papers say, that he "committed identity theft for eight years, but (sic) utilizing a Social Security number of a United States citizen causing unknown ramifications for that person by having income reported under their number which they were unaware of."

He appealed the decision, to no avail.

Guerrero applied to the Corrections Department a second time, in April this year. He passed the exams but again was removed from the list of candidates.

Guerrero's lawsuit claims civil right violations that include national-origin discrimination and violations of equal protection.

A vast majority of legal residents or citizens who were undocumented immigrants have used invalid Social Security numbers in order to work, said Marsha Chien, the legal aid attorney representing Guerrero.

The lawsuit alleges that disqualifying such candidates has an "adverse and disproportionate impact upon the ability of Latinos" to qualify for employment. Chien said the issue affects immigrants who were brought to the United States illegally as children and have since obtained work authorization.

"As greater numbers of formerly undocumented individuals obtain legal authorization to work, it is imperative that they not be kept from doing so by employers who aim to weed them out because of their ethnic or national origin," Chien said in a written statement. "If discrimination like this is allowed to stand, millions of hardworking people who are legally allowed to work in the U.S. will be left without the means to support themselves and contribute to our economy."

Contact reporter Jennie Rodriguez-Moore at (209) 943-8564 or jrodriguez@recordnet.com. Visit her blog at recordnet.com/courtsblog. Follow her on Twitter @therecordcourts.